Harakrishna Munian v. The State Of West Bengal And ORS.

30.11.2021 Court No.13 Item No.36 AP WPA 18384 of 2021 Harakrishna Munian Vs.

The State of West Bengal and Ors.

(Through Video Conference) Mr. Debasis Sur Mr. Harekrishna Halder Mr. Dilip Kumar Das ... For the Petitioners.

Mr. Jishnu Chowdhury Ms. Amrita Panja Moulick ... For the State.

Mr. Mrinal Kanti Mukherjee ... For the Respondent Nos.4 to 7.

Both the petitioner and the private respondents claim title in respect of a plot of land.

Admittedly, there is a patta standing in the name of the petitioner. Learned counsel for the private respondents submits that the patta was obtained fraudulently since the original pattadar was the grandfather of the parties. There is a civil suit pending before the Civil Judge (Junior Division), Kakdwip in connection with the property. It is submitted that an ad interim order of injunction has been passed in favour of the petitioner and the matter is pending consideration of a local inspection report.

Since the dispute is being dealt with by a Civil Court, the petitioner may seek appropriate remedies against the private respondents before such Court. The parties shall continue to respect the order of injunction of the Civil Court.

The Officer-in-Charge of Frezerganj Coastal Police Station shall ensure that there is no breach of peace in the said area.

The instructions dated 25th November, 2021 issued by the Officer-in-Charge, Frezerganj Coastal Police Station to the Government Pleader, are taken on record. The writ petition is disposed of.

There shall be no other as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rajasekhar Mantha, J.)